Mitchell et al v. Prestige Default Services et al
Plaintiff: ANDRE D MITCHELL and YOLANDA S MITCHELL
Defendant: Prestige Default Services, US BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CABANA SERIES V TRUST, Prestige Default Services LLC and US Bank Trust National Association
Case Number: 3:2023cv02534
Filed: November 15, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: David L Horan
Referring Judge: Brantley Starr
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2024 Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prestige Default Services LLC, US Bank Trust National Association. (Clerk QC note: No affiliate entered in ECF). (Scherer, George)
January 3, 2024 Opinion or Order Filing 17 STANDING ORDER ON FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) MOTION TO DISMISS. (Ordered by Magistrate Judge David L. Horan on 1/3/2024) (mcrd)
December 27, 2023 Opinion or Order Filing 16 INITIAL SCHEDULING ORDER: Discovery due by 4/15/2024. Joinder of Parties due by 1/19/2024. Motions due by 5/31/2024. (Ordered by Magistrate Judge David L. Horan on 12/27/2023) (ndt)
December 21, 2023 Filing 15 Joint STATUS REPORT filed by Andre D Mitchell. (Aduboffour, Yaw)
December 13, 2023 Filing 14 AMENDED DOCUMENT by US Bank Trust National Association, Prestige Default Services LLC. Amendment to #11 Amended Document, #1 Notice of Removal. . (Scherer, George)
November 30, 2023 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prestige Default Services LLC, US Bank Trust National Association. (Clerk QC note: No affiliate entered in ECF). (Scherer, George)
November 29, 2023 Opinion or Order Filing 13 SECOND ORDER REGARDING JURISDICTIONAL ALLEGATIONS: The Court ORDERS Defendants to, by December 13, 2023, file a second amended notice of removal that (1) alleges sufficient facts to establish the citizenship of Plaintiffs Andre Mitchell and Yolanda Mitchell. (Ordered by Magistrate Judge David L. Horan on 11/29/2023) (mcrd)
November 28, 2023 Filing 11 AMENDED DOCUMENT by US Bank Trust National Association, Prestige Default Services LLC. Amendment to #1 Notice of Removal. . (Scherer, George)
November 21, 2023 Opinion or Order Filing 10 AMENDED ORDER: The Court ORDERS Defendants to, by December 1, 2023, file an Amended Notice of Removal that distinctly and affirmatively alleges the citizenship of Andre Mitchell, Yolanda Mitchell, Prestige Default Services LLC and US Bank Trust National Association, as Trustee of Cabana Series V Trust. (Ordered by Magistrate Judge David L. Horan on 11/21/2023) (mcrd)
November 17, 2023 Opinion or Order Filing 9 ORDER: The Court ORDERS Defendants to, by December 1, 2023, file an amended complaint that distinctly and affirmatively alleges the citizenship of Andre Mitchell, Yolanda Mitchell, Prestige Default Services LLC and US Bank Trust National Association, as Trustee of Cabana Series V Trust. (Ordered by Magistrate Judge David L. Horan on 11/17/2023) (mcrd)
November 17, 2023 Opinion or Order Filing 8 STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 11/17/2023) (mcrd)
November 17, 2023 Opinion or Order Filing 7 ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: Plaintiff's counsel and Defendant's counsel shall confer in person or by telephone not later than November 30, 2023. The parties shall file a joint status report and proposed scheduling plan by December 21, 2023. (Ordered by Magistrate Judge David L. Horan on 11/17/2023) (mcrd)
November 17, 2023 Opinion or Order Filing 6 STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 11/17/2023) (mcrd)
November 16, 2023 Filing 5 Certificate Regarding Judge-Specific Requirements. (Scherer, George)
November 16, 2023 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prestige Default Services LLC, US Bank Trust National Association. (Clerk QC note: No affiliate entered in ECF). (Scherer, George)
November 15, 2023 Opinion or Order Filing 3 Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 11/15/2023) (oyh)
November 15, 2023 Filing 2 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh)
November 15, 2023 Filing 1 NOTICE OF REMOVAL filed by US BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CABANA SERIES V TRUST, Prestige Default Services. (Filing fee $402; receipt number ATXNDC-14176976) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Scherer, George)

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Plaintiff: ANDRE D MITCHELL
Represented By: Yaw Aduboffour
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Plaintiff: YOLANDA S MITCHELL
Represented By: Yaw Aduboffour
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Defendant: Prestige Default Services
Represented By: George Colby Scherer
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Defendant: US BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CABANA SERIES V TRUST
Represented By: George Colby Scherer
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Defendant: Prestige Default Services LLC
Represented By: George Colby Scherer
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Defendant: US Bank Trust National Association
Represented By: George Colby Scherer
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